Can discharging a firearm in a grossly negligent manner serve as a basis for second degree felony murder?

concede it was error to instruct the jury that discharging a firearm in a grossly negligent manner, an assaultive felony, could serve as a basis for second degree felony murder. (See People v. Chun, supra, 45 Cal.4th at p. 1200 ["When the underlying felony is assaultive in nature, such as a violation of section 246 [discharge of a firearm at an inhabited dwelling house or occupied building] or 246.3 [willfully discharging a firearm in a grossly negligent manner that could result in injury or death to a person], . . . the felony merges with the homicide and cannot be the basis of a felony-murder instruction. An 'assaultive' felony is one that involves a threat of immediate violent injury"].)

c. The error was prejudicial